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Why the 14th Amendment has surfaced in midterms

Rep. Madison Cawthorn, R-N.C., arrives in the chamber of the House of Representatives before the State of the Union address by President Joe Biden to a joint session of Congress at the Capitol, Tuesday, March 1, 2022, in Washington. (Saul Loeb, Pool via AP)
Rep. Madison Cawthorn, R-N.C., arrives in the chamber of the House of Representatives before the State of the Union address by President Joe Biden to a joint session of Congress at the Capitol, Tuesday, March 1, 2022, in Washington. (Saul Loeb, Pool via AP) Rep. Madison Cawthorn, R-N.C., arrives in the chamber of the House of Representatives before the State of the Union address by President Joe Biden to a joint session of Congress at the Capitol, Tuesday, March 1, 2022, in Washington. (Saul Loeb, Pool via AP)

By GARY D. ROBERTSON / Associated Press 6 min read

RALEIGH, N.C. (AP) – An 1868 amendment to the U.S. Constitution best known for protecting the due process rights of previously enslaved Americans has resurfaced in certain congressional races this year.

Some attorneys and voters believe a rarely cited section of the 14th Amendment dealing with insurrection can disqualify a handful of U.S. House members from seeking reelection for events surrounding the Jan. 6, 2021, riot at the Capitol.

First-term Republican firebrands Madison Cawthorn of North Carolina and Marjorie Taylor Greene of Georgia are among those targeted. Both are strong supporters of former President Donald Trump who have pushed his unsubstantiated claims of voter fraud in the 2020 presidential election.

It’s a largely untested argument working its way through election agencies in at least three states, with little success so far. But court cases and appeals could address the extent to which state officials can scrutinize the minimum qualifications for candidates for federal office.

WHAT DOES THE 14TH AMENDMENT SAY?